This article attempts to explain the marital economic system in the United Kingdom and its differences from the ±Spanish marital economic system©©. It deals with the judicial transfer of assets according to the principle of equity and its differences and similarities with the©economic legal system of separation of property. Let us suppose that after carrying out the above operations, the applicable regime is that of the British. Sixto Sánchez then argues that such rights lack a real matrimonial economic system and that the question is diverted to the general rules of ownership and that, from the real estate point of view that interests us, this would determine the application of the lex rei sitae, we assume that if our Britons buy an apartment in Cuevas del Almanzora, they do it in communal property, but if they acquire it in Canet de Mar, it is separating. Obviously, we are not convinced by this argument. Nor to Sixto Sánchez, who tries to disable it with the following arguments: One of the most relevant aspects that lawyers should analyze in cross-border divorce cases is the matrimonial regime, that is, the rules governing the ownership of property acquired during the marriage (family property). Third, he leaves the part of his inheritance which, by law, must (legitimately) pass to his family to those who are legally entitled to do so, although he understands that the principle of testamentary freedom of the *** law of England *** of Scotland would apply to him with certain restrictions on movable property. That, as the legal doctrine had understood for the previous Regulation, such an establishment of the conventional matrimonial property regime or the complementary legal regime does not reach the primary matrimonial property regime, since a new common law of the persons of the spouses must correspond to a new law regulating the effects of marriage, since effective integration requires it and to speak without argument to the contrary, that article 9-2 speaks at the same time of the common personal law of the spouses. marriage, because this can only be understood in opposition to a general personal right they may have had before marriage. And above all, that we cannot use the highest common denominator of testamentary freedom, as we have done in matrimonial matters: the unity of the matrimonial economic regime.

It seems that this unity is a recognized principle in matters of succession, but in matrimonial matters, Sixto Sánchez himself says that it is not so clear. The cotton test is whether two Spaniards can accept that their expensive real estate acquisitions are subject to the complementary statutory matrimonial property economic regime of the place where they live. Unlike Sixto Sánchez, something gives me that perhaps not, because the community is not an attribute of this or that good, but of a special patrimony and, as such, also integrated by debts, burdens, etc., with which this feigned isolation would lose its narrowness. Come on, it`s flowing. In any case, we must not confuse three different principles relating to the secondary conjugal economic regime: immutability, immutability and immorality (or separability, which I move here only by intuition). I would like to point out that Catalonia is not the only Spanish region that has special (or foral) civil rules regarding matrimonial property regimes. They also have the Basque Country, Navarra, the Balearic Islands, Galicia and Aragon. The main difficulty we face in these cases is that, unlike civil or Romano-Germanic law systems such as ours, English law does not have a matrimonial property regime as such.

There is no community of ownership in England and Wales. If it is not an inheritance, divorce/legal separation or dissolution of the registered union, the spouses or members of the registered partner may conclude an agreement upon submission to the jurisdiction of a specific court (written, signed and dated by both parties). You have the choice between: And for the sake of completeness, the decision of the DGRN of 21 January 2006 (on the adequacy of the marriage separation agreement to the liquidation of the ordinary pro-individual community resulting from the capitular of the separation of property, and the considerations it gives on the difference between the ordinary pro-individual community and that in which the matrimonial regime is established, Whatever the amount or little expression of a pro-individual community, it is conditioned by the marital relationship of its co-owners (or, for example, will we not apply the presumption of gift in section 78 of our bankruptcy law to marriages subject to one of the British non-regimes?). This article attempts to explain economic matrimonial law in the United Kingdom and its differences from the Spanish matrimonial economic system. It deals with the judicial division of the estate according to the principle of equity and its differences and similarities with the legal economic system of separation of property. Le régime matrimonial secondaire est l`ensemble des règles de nature conventionnelle ou complémentaire, qui régissent les rapports patrimoniaux des époux entre eux et à l`égard des tiers.